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Taxing private trusts – A moving target
Published on 01 Feb 19 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Our revenue authorities have been very active recently issuing judgments, making pronouncements and intensifying enforcement activity, all directed to the way the tax system operates in relation to income made from, and gains arising on transactions with, assets that are held on trust. This article highlights the impacts of some important recent developments affecting private trusts. Many of the problems displayed in the cases arise from two fundamental problems: misconceptions about the nature of a trust, viewing it as a type of entity, rather than an arrangement; and the inherent difficulties in correctly predicting whether the courts will apply or relax the basic doctrine in the particular circumstances of the taxpayer. The article also looks at some issues in relation to funding trusts, correctly allocating the tax liability on income and gains arising from assets held on trust (particularly if foreign beneficiaries or foreign assets are involved), and vesting trust assets.
Author profiles
Andrew White ATI
Andrew is a Director at Greenwoods & Freehills. He advises on a wide range of corporate tax issues, with a particular focus on the property and managed funds industry and international tax issues. Andrew has particular experience in advising on the establishment and restructuring of property funds including stapled security structures, listed and unlisted trusts and has also provided extensive advice for Australian multinationals in relation to the structuring of their offshore investments. - Current at 01 August 2007Cameron Blackwood ATI
Cameron Blackwood, ATI, is the Head of Tax at Corrs and is a leading transactional tax expert, specialising in mergers, acquisitions, and restructures. Having advised several of Australia’s largest taxpayers, Cameron’s expertise includes cross-border issues and all aspects of employee share schemes. He has significant experience acting for public and private companies on capital management, including capital raising, return of capital, special dividends and buy-backs and debt raisings. He regularly presents at The Tax Institute and the Corporate Tax Association on M&A, management incentive plans and international tax issues and demergers. Cameron has been recognised as a leading lawyer by legal directories and publications including Chambers, The Legal 500 Asia Pacific and Best Lawyers for Tax in Australia. - Current at 30 May 2024
Prof Graeme Cooper FTI
Graeme Cooper, FTI, is an Emeritus Professor at Sydney University Law School and consultant to Herbert Smith Freehills. He is a former Chair of the New South Wales State Council of The Tax Institute and former member of the National Council. He has worked as a consultant to the ATO, Treasury, Board of Taxation, United Nations, OECD, World Bank, the International Monetary Fund and several foreign governments. He was admitted to legal practice in New South Wales and Victoria, and practised commercial law and tax in Sydney before entering teaching. He has taught in law schools in Australia, Europe, Canada and the United States, and holds degrees from the University of Sydney, University of Illinois and Columbia University, New York.
- Current at
18 July 2023
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